HomeMy WebLinkAboutG32-19 Ordinance No. G32-19
AN ORDINANCE
GRANTING A CONDITIONAL USE FOR ACCESSORY PACKAGE LIQUOR
SALES AND CAR WASH IN THE AB AREA BUSINESS DISTRICT
AND ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT
(1520 Big Timber Road)
WHEREAS, written application has been made for a conditional use to establish an
accessory package liquor sales and a car wash at 1520 Big Timber Road; and
WHEREAS, the zoning lot with the building containing the premises at 1520 Big Timber
Road is legally described herein(the "Subject Property"); and
WHEREAS, the Subject Property is located within the AB Area Business District, and
ARC Arterial Road Corridor Overlay District, and accessory package liquor sales establishment
[SR] (UNCL) is listed as a conditional use within the AB Area Business District; and
WHEREAS, car washes [SR] (7542) is listed as a conditional use within the AB Area
Business District; and
WHEREAS,the Planning and Zoning Commission conducted a public hearing concerning
said application on June 3, 2019, following due notice including by publication; and
WHEREAS, the Community Development Department and the Planning and Zoning
Commission have submitted their Findings of Fact concerning said application; and
WHEREAS, the Community Development Department and the Planning and Zoning
Commission recommend approval of said application, subject to the conditions articulated below;
and
WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and
recommendations of the Community Development Department and the Planning and Zoning
Commission; and
WHEREAS,the City of Elgin is a home rule unit and as a home rule unit may exercise any
power and perform any function pertaining to its government and affairs; and
WHEREAS,zoning,including,but not limited to,this ordinance granting a conditional use
in the CC 1 Center City District pertains to the government and affairs of the city.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ELGIN, ILLINOIS:
Section 1. That the City Council of the City of Elgin hereby adopts the Findings of
Fact, dated June 3, 2019, and the recommendations made by the Community Development
Department and the Planning and Zoning Commission, a copy of which is attached hereto and
made a part hereof by reference as Exhibit A.
Section 2. That a conditional use for an accessory package liquor sales and a car wash
is hereby granted for the property commonly known as 1520 Big Timber Road, which is part of
the property commonly identified by Kane County Property Index Number 06-03-376-027, and
legally described as follows:
LOT 1 OF BIG TIMBER CORNER,BEING A SUBDIVISION OF PART OF THE EAST
'/2 OF THE SOUTHWEST '/, OF SECTION 3, TOWNSHIP 41, RANGE 8, EAST OF
THE THIRD PRINCIPAL MERIDIAN, EXCEPTING THEREFROM THE
FOLLOWING DESCRIBED PARCEL:
BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 1; THENCE EAST
ALONG THE SOUTH LINE OF SAID LOT 1 ON AN ASSUMED BEARING OF
SOUTH 89 DEGREES 46 MINUTES 09 SECONDS EAST, 15.00 FEET; THENCE
NORTH 45 DEGREES 13 MINUTES 13 SECONDS WEST,21.38 FEED TO THE WEST
LINE OF SAID LOT 1; THENCE SOUTH 00 DEGREES 40 MINUTES 17 SECONDS
EAST, 15.00 FEET ALONG THE WEST LINE OF SAID LOT 1 TO THE POINT OF
BEGINNING, ALL IN KANE COUNTY, ILLINOIS.
(Commonly known as 1520 Big Timber Road)
Section 3. That the conditional use for the Subject Property as authorized by this
ordinance shall be subject to the following additional conditions:
1. Substantial conformance to the Development Application submitted by Cunlin Qian
for C+C Trading Group, as applicant and property owner, received January 18, 2019
and supporting documents including:
a. Undated Statement of Purpose and Conformance from C&C Trading Group
Inc., dated revised received May 30, 2019;
b. ALTA/ACSM Land Title Survey, prepared by Professionals Associated
Survey, Inc., dated August 4, 2016; and
c. Undated Existing and Planned Floor Plans, dated received January 18, 2019,
with such further revisions as required by the Community Development
Director.
In the event of any conflict between such documents and the terms of this ordinance or
other applicable city ordinances, the terms of this ordinance or other applicable city
ordinances shall supersede and control.
2. The sale of any beer or malt products by the single container is not permitted. The sale
of any single container of alcoholic liquor, other than beer, with a volume of the
container less than 25.36 fluid ounces (or approximately 750 milliliters) is not
permitted.
2
3. Consumption of alcoholic beverages on the premises is not permitted.
4. All washing and or detailing of vehicles shall be conducted within the car wash bay
area. No car washing or drying activities shall be conducted outside of the car wash
bay.
5. All exterior street graphics must comply with the zoning ordinance requirements.
6. Compliance with all applicable codes and ordinances.
Section 4. That this ordinance shall be in full force and effect upon its passage in the
manner provided by law.
/ i /
David J. .fain, avor
Presented: July 10, 2019
Passed: July 10, 2019
Omnibus Vote: Yeas: 9 Nays: 0
Recorded: July 10, 2019
Published: July 12, 2019 0. <ci
3,`. }}U ` \ y,
joh.Attest: ,..,4:3' #,
(;(......zez,6 alt.
KimberlyDewis, Clerk ,,, �LA-47k , -.
3
EXHIBIT A
June 3, 2019
RECOMMENDATION & FINDINGS OF FACT
OF THE COMMUNITY DEVELOPMENT DEPARTMENT AND
THE PLANNING & ZONING COMMISSION
CITY OF ELGIN, IL
OVERVIEW
Provided herein are the written findings and recommendation of the Community Development
Department and the Planning & Zoning Commission regarding Petition 03-19, an application by
Cunlin Qian for C+C Trading Group Inc., as applicant and property owner, requesting a
conditional use to permit accessory package liquor sales and a hand-detailing car wash at the
existing motor vehicle service station and convenience food store at the property commonly
referred to as 1520 Big Timber Road. The property is zoned AB Area Business District and ARC
Arterial Road Corridor Overlay District.
GENERAL INFORMATION
Petition Number: 03-19
Property Location: 1520 Big Timber Road
Requested Action: Conditional Use for accessory package liquor sales and a car wash
Current Zoning: AB Area Business District&
ARC Arterial Road Corridor Overlay District
Proposed Zoning: No change. AB Area Business District&
ARC Arterial Road Corridor Overlay District
Existing Use: Motor vehicle service station(Mobil) &convenience food store
Proposed Use: Motor Vehicle Service Station(Mobil)and Convenience Food Store
accessory package liquor sales, and a car wash
Applicant
&Owner: Cunlin Qian for C+C Trading Group, Inc.
Staff Coordinator: Denise Momodu, Associate Planner
Exhibits Attached: A. Aerial/Location Map
Recommendation& Findings of Fact
Petition 03-19
June 3, 2019
B. Zoning Map
C. Parcel Map
D. Site Location
E. Development Application and Attachments
F. Draft Ordinance
BACKGROUND
Cunlin Qian for C+C Trading Group Inc., as applicant and property owner, is requesting a
conditional use to permit accessory package liquor sales and a hand-detailing car wash at the
existing motor vehicle service station and convenience food store at the property commonly
referred to as 1520 Big Timber Road. The property is zoned AB Area Business District and ARC
Arterial Road Corridor Overlay District.
The 0.5-acre property is located at the northeast corner of Big Timber Road and N. McLean
Boulevard. The property is improved with a Mobil motor vehicle service station and a 1,972-
square foot building constructed in 1969. The convenience store with one car wash bay was
established at the property in 1991. The motor vehicle service station contains four gas pump
islands under a detached canopy with the ability to serve eight vehicles.The property also contains
8 parking spaces in the parking lot, including one accessible space. The existing motor vehicle
service station and the convenience store hours of operations are Monday through Sunday from
5:00 A.M. to 11:00 P.M.
Accessory Package Liquor Sales
The applicant is requesting approval to sell packaged beer and wine at the existing convenience
store. The applicant would designate less than 10%of the convenience store floor area for display
of packaged beer and wine. No consumption of alcohol on the premises is requested and it would
not be permitted. The applicant also does not plan to sell single-serve packages. The applicant is
not proposing any changes to the existing building. Retail goods would be rearranged to
accommodate beer and wine products in one of the walk-in coolers and one retail rack.No changes
are proposed to the exterior of the building. The applicant is not proposing any new signage at this
time. Any future exterior graphics would have to meet the zoning ordinance requirements.
-2 -
Recommendation & Findings of Fact
Petition 03-19
June 3, 2019
C a C Trading thotap,Inc.Stoop Sketch(Planned)u11320 NS limber Rawl,Elgin.II.60124
RestRooml� I sink
lifne
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RestRoom2 Shelves 3
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All used
Cashier IcL"—+� for drinks r
1St2
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M/ML Except for
Rada
No.2 7
To be used
Mobile Coolers for Beer
Mobile Coolers and Wme 9
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1 I
Figure 1:Proposed Floor Plan
If the conditional use (zoning approval) for the accessory package liquor sales is granted, the
applicant must apply for and obtain a liquor license before any sale of packaged beer and wine is
established. The liquor license would regulate the hours for liquor sales. The hours of operation
for liquor sales allowed by the B-4 liquor license,which is typically issued to motor vehicle service
stations with convenience stores are 6:00 am — 1:00 am (the following day) Monday-Thursday,
6:00 am — 2:00 am (the following day) Friday-Saturday, and 9:00 am — 1:00 am (the following
day) Sunday.
Liquor Licenses at Gas Stations
From 1995 until spring 2012, the City did not issue liquor licenses for gas stations and/or their
convenience stores. Starting with the Grove Mart on N. Randall Road, the city suggested that
motor vehicle service stations could receive a liquor license under certain circumstances,including
the proximity to residential and other places selling liquor.
All liquor licenses are reviewed on a case by case basis. A new liquor license is created and issued
each time an application for a liquor license is approved. Since 2012, the city has issued several
liquor licenses for accessory package liquor sales at gas stations and/or their convenience stores,
including the BP at 1190 N. McLean Boulevard, the BP at Route 20 and Nesler Road, the
Speedway at 1570 Big Timber Road, the Shell at 2320 N. Randall Road, and the 7-Eleven/Mobil
gas station at 811 E. Chicago Street.
- 3 -
Recommendation & Findings of Fact
Petition 03-19
June 3,2019
Hand-detailing Car Wash
The applicant is also seeking approval to establish a hand-detailing car wash within the former
automatic car wash bay adjacent to the convenience store.
_` _� _.,-- In 1991, the City granted a
1/1, —
Aar JbC-` conditional use approval for the
IP ' —� - -`r- construction of an automatic car
- •� '° '; _ 4 ' wash facility on the property within
EMI
• a single car wash bay. The car
,i _. wash, however, has not been in
jj _ ,t -- ; - operation for several years.
111 $>..; r Therefore, the applicant must
_^ q: / _ obtain the conditional use (zoning
i — • approval) again before re-
establishing the car wash.
. / 1---tom,.10r-o
The proposed hours of operation
TR ; ;n� would be 10:00 A.M to 4:00 P.M.
• — - (December through March) and
=.:. �"- ,� • 10:00 A.M. - 6:00 P.M. (April
i through November). All car
washing and detailing activities
would be conducted on the interior
Figure 2:Proposed Car Wash Location of the car wash bay area. Hand
washing and detailing services
would be provided by appointment only and would typically take about 45 minutes to complete.
The applicant is not proposing any exterior changes to the car wash bay.The applicant will remove
any signage for the former automatic car wash and any nonfunctioning site equipment, such as the
car wash pre-pay equipment and the pre-pay phone booth.The applicant will have to obtain a sign
permit for any new wall graphics for the new car wash.
Per the zoning ordinance, the convenience food store and the proposed car wash are required to
provide nine parking spaces (one parking space per 250 square feet of floor area for the
convenience store and two parking spaces per bay plus one parking space per employee for the car
wash). With nine parking spaces on the property(eight in the parking lot and one in the car wash
bay), the property meets the parking requirement.
The proposed accessory package liquor sales use and the proposed car wash are listed as
conditional uses in the AB Area Business District and require a recommendation by the Planning
and Zoning Commission and approval by the City Council.
The Community Development Department offers the following additional information:
-4 -
Recommendation & Findings of Fact
Petition 03-19
June 3, 2019
A. Property History.The subject property was annexed to the city in 1966.Upon annexation,
the property was zoned B-3 Service Business District. The existing motor vehicle service
station was constructed in 1969. In 1991, Amoco Oli Company requested to rezone the
property from B-3 Service Business District to B-4 General Service District and requested
a special use (now known as conditional use) to modify the gas station to include a
convenience food store and an automatic car wash with one wash bay. In 1992,the property
was rezoned to AB Area Business District as part of the comprehensive amendment to the
zoning ordinance. In 2001, the property became part of the ARC Arterial Road Corridor
Overlay District.
The 1991 Ordinance G29-91 granted conditional use approval for the construction of the
automatic car wash facility on the subject property along with the gas station operating also
as a convenience food store. The car wash, however, has not been in operation for several
years. Therefore, the applicant must obtain the conditional use (zoning approval) again
before re-establishing the car wash.
B. Surrounding Land Use and Zoning. The subject property located at the northeast corner
of Big Timber Road and N. McLean Boulevard. The multi-tenant shopping center called
Tyler Creek Plaza is located directly to the north and east of the subject property and is
also zoned AB Area Business District and ARC Arterial Road Corridor Overlay District.
The properties to the west across N. McLean Boulevard are zoned AB Area Business
District and ARC Arterial Road Corridor Overlay District. The property at the northwest
corner of Big Timber Road and N. McLean Boulevard is improved with a motor vehicle
service station, while a 2.5-story Chase bank building is located directly to the north of the
motor-vehicle service station.
The properties to the south across Big Timber Road are zoned GI General Industrial
District and are improved with several light-industrial and warehousing one-story
buildings.
C. Comprehensive Plan.The subject property is designated as"Neighborhood Commercial"
by the City's 2018 Comprehensive Plan. The neighborhood commercial land uses provide
goods and services to local residents and serve day-to-day needs.Uses may include grocery
stores,professional offices, retail shops, and local services providers. Development within
neighborhood commercial areas should be compatible with and reflect the scale and
character of the surrounding neighborhood. Mixed-use development should be encouraged
within neighborhood commercial areas.
D. Zoning District. The purpose and intent of the AB Area Business District is to provide
commodities and services to several neighborhoods,and in some instances to a community-
wide or regional supporting population. AB zoning districts are limited by the applicable
site design regulations to an intermediate scale of development relative to NB
- 5 -
Recommendation & Findings of Fact
Petition 03-19
June 3, 2019
neighborhood business districts and the CC 1 Center City District.
E. Trend of Development. The subject property is located at the northeast corner of the
commercial node and intersection of N. McLean Boulevard and Big Timber Road. The
existing motor vehicle service station was constructed in 1969. The properties near this
intersection have over the years been developed with commercial, auto-oriented uses such
as motor vehicle service stations and repair shops, fast food restaurants, stand-alone banks,
and a retail shopping strip center. The current businesses in the area include Butera Food
Store, Dunkin Donuts, Dairy Queen, Rosati's Pizza, and Jester's Fast Food restaurants,
First Community Bank, J. P. Morgan Chase bank, and Speedway service station, among
others.
FINDINGS
After due notice as required by law, the Planning & Zoning Commission conducted a public
hearing in consideration of Petition 03-19 on June 3, 2019. Testimony was presented at the public
hearing in support of the application. The Community Development Department submitted a
Development Application Review and Written Findings & Recommendation to the Planning &
Zoning Commission dated June 3, 2019.
The Community Development Department and the Planning & Zoning Commission have made
the following findings regarding this application against the standards for conditional uses outlined
within § 19.65.030:
STANDARDS FOR CONDITIONAL USE
A. Site Characteristics Standard. The suitability of the subject property for the intended
conditional use with respect to its size, shape, significant features including topography,
watercourses, vegetation, and existing improvements.
Findings.The subject property is suitable for the intended conditional use with respect to
its size,shape,significant features including topography,watercourses,and vegetation,and
existing improvements. No existing site features including topography, watercourses,
vegetation, and property improvements exist that would have a negative impact on the
proposed conditional uses. The property is developed with a motor vehicle service station
and a convenience food store,and includes a vacant car wash.The proposed packaged sales
of beer and wine would be part of the existing convenience store without any changes to
the building or the site. The proposed conditional use for accessory package liquor sales at
the existing convenience store is similar to other motor vehicle service stations that also
sell packaged liquor. The proposed carwash facility would occupy the existing, 551-square
foot vacant car wash bay located adjacent to the store. The applicant is not proposing to
make any interior or exterior changes to the building.
-6 -
Recommendation & Findings of Fact
Petition 03-19
June 3,2019
B. Sewer and Water Standard. The suitability of the subject property for the intended
conditional use with respect to the availability of adequate water, sanitary treatment, and
storm water control facilities.
Findings. The subject property is suitable for the intended conditional use with respect to
the availability of adequate water, sanitary treatment, and storm water control facilities.
The property and the subject commercial space are currently served by municipal water,
sanitary sewer,and storm water systems. The applicant is not proposing any changes to the
existing sewer and water utilities. The existing sewer and water facilities can adequately
serve the proposed car wash.
C. Traffic and Parking Standard. The suitability of the subject property for the intended
conditional use with respect to the provision of safe and efficient on-site and off-site
vehicular circulation designed to minimize traffic congestion.
Findings. The subject property is suitable for the intended conditional use with respect to
the provision of safe and efficient on-site and off-site vehicular circulation designed to
minimize traffic congestion. The property has three access driveways: two full access
driveways, (one to Big Timber Road and one to N. McLean Boulevard), and one right-in
entrance driveway along Big Timber Road. The property maintains a safe and efficient on-
site and off-site vehicular circulation. The proposed use will not have any negative effect
on the existing on-site and off-site traffic circulation.
Per the zoning ordinance, the convenience food store and the proposed car wash are
required to provide a total of nine parking spaces(one parking space per 250 square feet of
floor area for the convenience store, and two parking spaces per bay plus one parking space
per employee for the car wash). With a total of nine parking spaces, including eight in the
parking lot, and one in the car wash bay, the property will meet the parking requirement.
The addition of accessory package liquor sales and the hand car wash would not
significantly alter the parking demand. The property would continue to have adequate
parking and traffic configuration.
D. Location, Design, and Operation Standard. The suitability of the subject property for
the intended conditional use with respect to it being located, designed, and operated so as
to promote the purpose and intent of this title and chapter.
Findings.The subject property is suitable for the intended conditional use with respect to
it being located, designed, and operated so as to promote the purpose and intent of the
zoning ordinance.The existing motor vehicle service station is located along a busy arterial
road and services not only the immediate neighborhood,but a population from a larger area
as well. The proposed sales of packaged beer and wine at the convenience store is similar
to other motor vehicle service stations that offer packaged liquor. No alcoholic beverages
- 7 -
Recommendation & Findings of Fact
Petition 03-19
June 3, 2019
will be offered as single-serve packages, and there would be no alcohol sales for on-site
consumption.
While the existing motor vehicle service station hours of operation are 5:00 A.M to 11:00
P.M. Monday through Sunday, the sale of alcoholic beverages would be limited by the B-
4 liquor license, which is typically issued to motor vehicle service station convenience
stores with accessory package liquor. The typical hours of operation for liquor sales
established by B-4 liquor license are 6:00 am — 1:00 am (the following day) Monday-
Thursday, 6:00 am—2:00 am(the following day) Friday-Saturday, and 9:00 am— 1:00 am
(the following day) on Sunday.
All car washing and detailing activities will be conducted on the interior of the car wash
bay area.The proposed hand car wash hours of operation would be 10:00 A.M to 4:00 P.M.
(December through March) and 10:00 A.M. - 6:00 P.M. (April to November). Hand
washing and detailing services will be provided by appointment only and will typically
take about 45 minutes to complete. Adequate parking would be available during all times
of operation.
The applicant is not proposing to make any interior or exterior changes to the building.The
applicant will remove any signage for the former automatic car wash and any
nonfunctioning site equipment,such car wash pre-pay equipment and pre-pay phone booth.
No evidence has been submitted or found that the proposed conditional use for accessory
package liquor sales or the proposed hand detailing car wash will be located or operated in
a manner that will exercise undue detrimental impact on surrounding properties.
E. Historic Preservation Standard. Where applicable, the conditional use shall make
possible an efficient contemporary use of or a compatible improvement to a designated
landmark or property located in a designated historic district while preserving those
portions and features of the property which are significant to its historic, architectural,
and cultural values to an historic preservation plan.
Findings. This standard is not applicable. The subject property is neither designated as a
local historic landmark nor is it located within a locally designated historic district.
RECOMMENDATION
The Community Development Department and the Planning & Zoning Commission recommend
approval of Petition 03-19, subject to the following conditions:
1. Substantial conformance to the Development Application submitted by Cunlin Qian for
C+C Trading Group, as applicant and property owner, received January 18, 2019 and
supporting documents including:
- 8 -
Recommendation & Findings of Fact
Petition 03-19
June 3, 2019
a. Undated Statement of Purpose and Conformance from C&C Trading Group Inc.,
dated revised received May 30, 2019;
b. ALTA/ACSM Land Title Survey, prepared by Professionals Associated Survey,
Inc., dated August 4, 2016; and
c. Undated Existing and Planned Floor Plans, dated received January 18, 2019, with
such further revisions as required by the Community Development Director.
In the event of any conflict between such documents and the terms of this ordinance or
other applicable city ordinances, the terms of this ordinance or other applicable city
ordinances shall supersede and control.
2. The sale of any beer or malt products by the single container is not permitted. The sale of
any single container of alcoholic liquor, other than beer, with a volume of the container
less than 25.36 fluid ounces (or approximately 750 milliliters) is not permitted.
3. Consumption of alcoholic beverages on the premises is not permitted.
4. All washing and or detailing of vehicles shall be conducted within the car wash bay area.
No car washing or drying activities shall be conducted outside of the car wash bay.
5. All exterior street graphics must comply with the zoning ordinance requirements.
6. Compliance with all applicable codes and ordinances.
The vote of the Planning&Zoning Commission on the motion to recommend approval, subject to
the conditions outlined by the Community Development Department,was five(5)yes,zero(0)no,
and zero(0) abstentions. Two members were absent.
Respectfully Submitted,
s/Jay Cox
Jay Cox, Chairman
Planning&Zoning Commission
s/Damir Latinovic
Damir Latinovic, AICP; Secretary
Planning&Zoning Commission
- 9 -
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EXHIBIT A Aerial/Location Map
N
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5
Map prepared by City of Elgin 0 25 50 100 150 200
Department of Community Development Feet
sggl PMFRIPI
PRC
Byron Dr
Tyler Creek:Plz `-
Subject Property
Petition 03-19
1p
Legend
ORC1 Residence Conservation 1
EZIRC2 Residence Conservation 2
ORC3 Residence Conservation 3
OPRC Planned Residence Conservation
OSFR1 Single Family Residence 1
O PSFR1 Planned Single Family Residence 1 Big Timber Rd
OSFR2 Single Family Residence 2
OPSFR2 Planned Single Family Residence 2
QTRF Two Family Residence
OPTRF Planned Two Family Residence
QMFR Multiple Family Residence
O PMFR Planned Multiple Family Residence Timber Dr
OR8 Residence Business
OPRB Planned Residential Business
-NB Neighborhood Business
-PNB Planned Neighborhood Business
-AB Area Business
-PAB Planned Area Business g3
-CC1 Center City 1
-CC2 Center City 2
-PCC Planned Center City
-ORI Office Research Industrial
-PORI Planned Office Research Industrial
-GI General Industrial
-PGI Planned General Industrial
-CI Commercial Industrial
-CF Community Facility
-PCF Planned Community Facility
Fox River
EXHIBIT B
Zoning Map
u __4 F
Map prepared by City of Elgin 0 35 70 140 210 280
Department of Community Development Feet
Subject Property
1520 Big Timber Rd.
Petition 03-19
CD
03
Q.
0603376027
Big Timber Rd
EXHIBIT C Parcel Map N
City of Elgin
0 10 20 40 60 80
Department of Community Development Feet
EXHIBIT D
SITE LOCATION
1520 Big Timber Road
Petition 03-19
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EXHIBIT D
SITE LOCATION
1520 Big Timber Road
Petition 03-19
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EXHIBIT D
SITE LOCATION
1520 Big Timber Road
Petition 03-19
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EXHIBIT D
SITE LOCATION
1520 Big Timber Road
Petition 03-19
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